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Possession procedure

Serve a Section 21 Notice

ACCELERATED POSSESSION PROCEDURE

How is vacant possession regained?

An application to the Court is made for an accelerated possession order.

The accelerated possession procedure in detail

Assuming that a valid Section 21 Notice has been served on the tenant, the accelerated possession proceedings can begin and a Court application can be drafted and filed in the County Court for the district in which the property in question is situated.

The Court application must then be served on the tenant(s). If the tenant(s) disputes the claim in any way, they will have 14 days to file a defence from the date they are served with the Court Application.

However, if the case is well-founded and the paperwork is correct, there will be no defence available to the accelerated possession proceedings.

This means that even if the tenant has a genuine complaint, the landlord will still be entitled to possession.

The Judge will then deal with the matter without a hearing and will make an Accelerated Possession Order if satisfied with the paperwork.

For further information see FAQs

Once the accelerated possession order is made, this will need to be served on the tenants, which will formally give them 14 days to vacate the property. If they fail to do so, an application can then be made to the Court for a warrant for bailiffs to evict them on your behalf.

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